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ROSEMARIE T. MARTIN, et al. v. LEHIGH CEMENT COMPANY, LLC

Torts — Tortfeasor — Failure to state a claim

In the Circuit Court for Carroll County, Rosemarie T. Martin, the appellant, brought wrongful death and survival actions against Lehigh Cement Company, LLC (“Lehigh”), the appellee, the Board of County Commissioners of Carroll County, and the State of Maryland, arising from the death of her husband, Arthur John Martin, Jr. Lehigh filed a motion to dismiss for failure to state a claim for which relief could be granted, which the court granted. After her claims against the remaining defendants were finally disposed of, Mrs. Martin noted the instant appeal. She presents six questions for review, which can be restated as one:

Did the court err in granting Lehigh’s motion to dismiss?

Read the opinion here: